Illinois General Assembly - Full Text of SB1903
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Full Text of SB1903  102nd General Assembly

SB1903 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1903

 

Introduced 2/26/2021, by Sen. John F. Curran

 

SYNOPSIS AS INTRODUCED:
 
725 ILCS 215/2  from Ch. 38, par. 1702
725 ILCS 215/3  from Ch. 38, par. 1703
725 ILCS 215/4  from Ch. 38, par. 1704

    Amends the Statewide Grand Jury Act. Expands the authority of a Statewide Grand Jury to investigate and indict offenses involving the corruption of a public official, to include theft, fraud, extortion, or a violation of the Official Misconduct and Public Contracts Article of the Criminal Code of 2012. Provides that venue for purposes of trial for any offense involving the corruption of a public official may be in any county in which any portion of the offense occurred.


LRB102 10964 RLC 16296 b

 

 

A BILL FOR

 

SB1903LRB102 10964 RLC 16296 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Statewide Grand Jury Act is amended by
5changing Sections 2, 3, and 4 as follows:
 
6    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
7    Sec. 2. (a) County grand juries and State's Attorneys have
8always had and shall continue to have primary responsibility
9for investigating, indicting, and prosecuting persons who
10violate the criminal laws of the State of Illinois. However,
11in recent years organized terrorist activity directed against
12innocent civilians, and certain criminal enterprises, and
13public corruption have developed that require investigation,
14indictment, and prosecution on a statewide or multicounty
15level. The criminal enterprises exist as a result of the
16allure of profitability present in narcotic activity, public
17corruption, the unlawful sale and transfer of firearms, and
18streetgang related felonies and organized terrorist activity
19is supported by the contribution of money and expert
20assistance from geographically diverse sources. In order to
21shut off the life blood of terrorism and weaken or eliminate
22the criminal enterprises, assets, and property used to further
23these offenses must be frozen, and any profit must be removed.

 

 

SB1903- 2 -LRB102 10964 RLC 16296 b

1State statutes exist that can accomplish that goal. Among them
2are the offense of money laundering, violations of Articles
3Article 29D, 33, and 33E of the Criminal Code of 1961 or the
4Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
5and gunrunning. Local prosecutors need investigative personnel
6and specialized training to attack and eliminate these
7profits. In light of the transitory and complex nature of
8conduct that constitutes these criminal activities, the many
9diverse property interests that may be used, acquired directly
10or indirectly as a result of these criminal activities, and
11the many places that illegally obtained property may be
12located, it is the purpose of this Act to create a limited,
13multicounty Statewide Grand Jury with authority to
14investigate, indict, and prosecute: narcotic activity,
15including cannabis and controlled substance trafficking,
16narcotics racketeering, money laundering, violations of the
17Cannabis and Controlled Substances Tax Act, and violations of
18Articles Article 29D, 33, and 33E of the Criminal Code of 1961
19or the Criminal Code of 2012; public corruption crimes; the
20unlawful sale and transfer of firearms; gunrunning; and
21streetgang related felonies.
22    (b) A Statewide Grand Jury may also investigate, indict,
23and prosecute violations facilitated by the use of a computer
24of any of the following offenses: indecent solicitation of a
25child, sexual exploitation of a child, soliciting for a
26juvenile prostitute, keeping a place of juvenile prostitution,

 

 

SB1903- 3 -LRB102 10964 RLC 16296 b

1juvenile pimping, child pornography, aggravated child
2pornography, or promoting juvenile prostitution except as
3described in subdivision (a)(4) of Section 11-14.4 of the
4Criminal Code of 1961 or the Criminal Code of 2012.
5(Source: P.A. 101-593, eff. 12-4-19.)
 
6    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
7    Sec. 3. Written application for the appointment of a
8Circuit Judge to convene and preside over a Statewide Grand
9Jury, with jurisdiction extending throughout the State, shall
10be made to the Chief Justice of the Supreme Court. Upon such
11written application, the Chief Justice of the Supreme Court
12shall appoint a Circuit Judge from the circuit where the
13Statewide Grand Jury is being sought to be convened, who shall
14make a determination that the convening of a Statewide Grand
15Jury is necessary.
16    In such application the Attorney General shall state that
17the convening of a Statewide Grand Jury is necessary because
18of an alleged offense or offenses set forth in this Section
19involving more than one county of the State and identifying
20any such offense alleged; and
21        (a) that he or she believes that the grand jury
22    function for the investigation and indictment of the
23    offense or offenses cannot effectively be performed by a
24    county grand jury together with the reasons for such
25    belief, and

 

 

SB1903- 4 -LRB102 10964 RLC 16296 b

1        (b)(1) that each State's Attorney with jurisdiction
2    over an offense or offenses to be investigated has
3    consented to the impaneling of the Statewide Grand Jury,
4    or
5        (2) if one or more of the State's Attorneys having
6    jurisdiction over an offense or offenses to be
7    investigated fails to consent to the impaneling of the
8    Statewide Grand Jury, the Attorney General shall set forth
9    good cause for impaneling the Statewide Grand Jury.
10    If the Circuit Judge determines that the convening of a
11Statewide Grand Jury is necessary, he or she shall convene and
12impanel the Statewide Grand Jury with jurisdiction extending
13throughout the State to investigate and return indictments:
14        (a) For violations of any of the following or for any
15    other criminal offense committed in the course of
16    violating any of the following: Article 29D of the
17    Criminal Code of 1961 or the Criminal Code of 2012, the
18    Illinois Controlled Substances Act, the Cannabis Control
19    Act, the Methamphetamine Control and Community Protection
20    Act, or the Narcotics Profit Forfeiture Act; a streetgang
21    related felony offense; Section 24-2.1, 24-2.2, 24-3,
22    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
23    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
24    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or
25    the Criminal Code of 2012; or a money laundering offense;
26    provided that the violation or offense involves acts

 

 

SB1903- 5 -LRB102 10964 RLC 16296 b

1    occurring in more than one county of this State; and
2        (a-5) For violations facilitated by the use of a
3    computer, including the use of the Internet, the World
4    Wide Web, electronic mail, message board, newsgroup, or
5    any other commercial or noncommercial on-line service, of
6    any of the following offenses: indecent solicitation of a
7    child, sexual exploitation of a child, soliciting for a
8    juvenile prostitute, keeping a place of juvenile
9    prostitution, juvenile pimping, child pornography,
10    aggravated child pornography, or promoting juvenile
11    prostitution except as described in subdivision (a)(4) of
12    Section 11-14.4 of the Criminal Code of 1961 or the
13    Criminal Code of 2012; and
14        (a-6) For violations of offenses involving the
15    corruption of a public official, including theft, fraud,
16    extortion or a violation of Article 33 or 33E of the
17    Criminal Code of 1961 or the Criminal Code of 2012; and
18        (b) For the offenses of perjury, subornation of
19    perjury, communicating with jurors and witnesses, and
20    harassment of jurors and witnesses, as they relate to
21    matters before the Statewide Grand Jury.
22    "Streetgang related" has the meaning ascribed to it in
23Section 10 of the Illinois Streetgang Terrorism Omnibus
24Prevention Act.
25    Upon written application by the Attorney General for the
26convening of an additional Statewide Grand Jury, the Chief

 

 

SB1903- 6 -LRB102 10964 RLC 16296 b

1Justice of the Supreme Court shall appoint a Circuit Judge
2from the circuit for which the additional Statewide Grand Jury
3is sought. The Circuit Judge shall determine the necessity for
4an additional Statewide Grand Jury in accordance with the
5provisions of this Section. No more than 2 Statewide Grand
6Juries may be empaneled at any time.
7(Source: P.A. 101-593, eff. 12-4-19.)
 
8    (725 ILCS 215/4)  (from Ch. 38, par. 1704)
9    Sec. 4. (a) The presiding judge of the Statewide Grand
10Jury will receive recommendations from the Attorney General as
11to the county in which the Grand Jury will sit. Prior to making
12the recommendations, the Attorney General shall obtain the
13permission of the local State's Attorney to use his or her
14county for the site of the Statewide Grand Jury. Upon
15receiving the Attorney General's recommendations, the
16presiding judge will choose one of those recommended locations
17as the site where the Grand Jury shall sit.
18    Any indictment by a Statewide Grand Jury shall be returned
19to the Circuit Judge presiding over the Statewide Grand Jury
20and shall include a finding as to the county or counties in
21which the alleged offense was committed. Thereupon, the judge
22shall, by order, designate the county of venue for the purpose
23of trial. The judge may also, by order, direct the
24consolidation of an indictment returned by a county grand jury
25with an indictment returned by the Statewide Grand Jury and

 

 

SB1903- 7 -LRB102 10964 RLC 16296 b

1set venue for trial.
2    (b) Venue for purposes of trial for the offense of
3narcotics racketeering shall be proper in any county where:
4        (1) Cannabis or a controlled substance which is the
5    basis for the charge of narcotics racketeering was used;
6    acquired; transferred or distributed to, from or through;
7    or any county where any act was performed to further the
8    use; acquisition, transfer or distribution of said
9    cannabis or controlled substance; or
10        (2) Any money, property, property interest, or any
11    other asset generated by narcotics activities was
12    acquired, used, sold, transferred or distributed to, from
13    or through; or,
14        (3) Any enterprise interest obtained as a result of
15    narcotics racketeering was acquired, used, transferred or
16    distributed to, from or through, or where any activity was
17    conducted by the enterprise or any conduct to further the
18    interests of such an enterprise.
19    (c) Venue for purposes of trial for the offense of money
20laundering shall be proper in any county where any part of a
21financial transaction in criminally derived property took
22place, or in any county where any money or monetary interest
23which is the basis for the offense, was acquired, used, sold,
24transferred or distributed to, from, or through.
25    (d) A person who commits the offense of cannabis
26trafficking or controlled substance trafficking may be tried

 

 

SB1903- 8 -LRB102 10964 RLC 16296 b

1in any county.
2    (e) Venue for purposes of trial for any violation of
3Article 29D of the Criminal Code of 1961 or the Criminal Code
4of 2012 may be in the county in which an act of terrorism
5occurs, the county in which material support or resources are
6provided or solicited, the county in which criminal assistance
7is rendered, or any county in which any act in furtherance of
8any violation of Article 29D of the Criminal Code of 1961 or
9the Criminal Code of 2012 occurs.
10    (f) Venue for purposes of trial for any offense involving
11the corruption of a public official may be in any county in
12which any portion of the offense occurred.
13(Source: P.A. 97-1150, eff. 1-25-13.)